Welcome to CaliforniaHorseLawyer.Com

The Law Office of Jennifer A. McCabe is a full service law firm that meets the legal needs of the California equestrian community, offering counsel on equine legal matters ranging from liability releases to business formation to litigation. Please contact our office for more information.

California horse lawyer, Jenn McCabe, has been voted Santa Cruz's BEST LAWYER by the Santa Cruz Sentinel's readers! When she isn't horse lawyering, Jenn serves the Santa Cruz community by providing cost-effective local family law services.Thank you for all of your support this year!Happy Holidays! - CaliforniaHorseLawyer.com & the Law Offices of Jennifer A. McCabe

Yes! It's true! And something that every horse-owner should know about and take advantage of! Even though horses are my life-long passion, I regularly find myself telling my horse, "man, it's a good thing I love you..." What I mean to say by that is, MAN they can become expensive!Well with hay, and grain, and shoeing, and boarding, and fencing, and training, and transport, and, and, and...

While most of these expenses are relatively predictable (they've got to eat!), it's the ones that are unexpected that really break the bank. Weekend farrier calls for ONE shoe the day after you paid him to put it on... Emergency veterinary expenses... and... legal fees? Yes. Sad, but true. Legal fees are something that every horse-owner should consider. Don't think that an accident and subsequent legal dispute can happen to you and your horse?Crazier things have happened...

The good news is that you may already have equine liability insurance coverage, and if you don't, you can obtain your own just by joining the United Stated Equestrian Federation (USEF)!As a member of the USEF, the following automatic liability insurance coverage is included in your dues:

Liability - Personal excess liability coverage with $1,000,000 policy limit. Coverage is for claims brought against members of USEF arising from the use and/or ownership of a horse and horse-related accidents involving a bodily injury or property damage. Coverage will apply when engaged in any horse-related activity and is in excess of any existing individual liability coverage.

Accident - Personal accident policy insures the member for death or permanent disability resulting from an accident anywhere in the world at the following benefit levels-

Membership starts at $35 and includes loads of other benefits and perks. Join here.- Insurance can be a confusing and sometimes forgotten matter in the horse industry, but doing your homework and investigating these matters now will save you time and frustration later.

The series continues!! Last time, we pondered about what would happen if you, the Groom, were working as an independent contractor and a horse in your care was hurt. (Quick summary: Yes, you could be held liable if you were negligent. As an independent contractor, you also need to have business insurance to protect yourself from lawsuits. I encourage you to read Part 1 of this topic here).

But What if…. You are really an employee (and do not hold insurance of your own), but your employer has incorrectly classified you as an Independent Contractor?? If a horse in your care were to injure himself, what are the consequences?

I posed this prickly question to Jenn McCabe, an equine lawyer and horsewoman, not to mention former Pony Clubber and event rider! And this is how it could play out……

This happens a lot in the horse industry, as classifying workers as independent contractors (versus employees) can significantly decrease a horse facility’s (employer’s) taxes and insurance expenses. So, to save a little money a horse facility might call you an independent contractor, even if you’re not.What’s the difference?

Well, typically, it really doesn’t matter what the employer or the worker understood to be the arrangement. Instead, Courts (and the IRS…) will consider a number of factors, but the critical factor in determining employment status is whether the employer had the right to control the manner and means of the work being performed. If so, courts have consistently held that the so-called “independent contractor” is actually an “employee.” For instance, as an equine attorney, individuals and businesses hire me to provide services for them as an independent contractor, since they do have the power to “control” how (the manner and means) I conduct my business. Furthermore, I work for several people/entities, use my own offices and equipment, and manage my own staff. On the other hand, the same individual or business may employ a barn manager, who reports to them, is directed by them, and works for them on a consistent schedule – as an employee under their training and control.So, how does this play in to the ultimate question: If your employer calls you an independent contractor, but you are really working as a regular employee – what are the consequences if a horse is injured while in your care?

Generally, business owners are liable for their employees’ negligence… but you still may be sued for an accident involving a horse in your care if your employer has incorrectly categorized you as an independent contractor. To avoid this (and the costs associated with defending a lawsuit…), grooms should have all of their business deals in writing – especially employment contracts. You may think that the handshake deal is working for you, but keep in mind that none of my clients planned on filing their lawsuits… or having to respond to one… until they had to. It can happen to you. And it’s important to realize that even where it seems that the court is likely to hold that you were an employee, as opposed to an independent contractor, the expenses involved in bringing a lawsuit to that point just are not worth the risk. Put it in writing!

What about the employer that miscategorized you in the first place, shouldn’t he have some consequences?

Oh, there are consequences, all right! If a court (or the IRS) determines that an employer is falsely calling his employees independent contractors, the employer is likely to be held liable for his employees’ negligence. What’s more, the employer will be held responsible for failing to provide the benefits the employee would have otherwise enjoyed had he been properly classified as an employee (such as workers’ compensation insurance, unpaid overtime, etc). So, in the end, the employer doesn’t save as much money as he thought he would by miscategorizing his employees…. By a long shot!

If you find yourself on the defense side of a dispute like this, or even if you don’t, it would be wise to contact an attorney for advice sooner than later. Planning ahead for potential negative legal repercussions in working as a professional groom is vital to protecting yourself, your reputation, and your future in the industry.

Please feel free to comment here, or if you prefer to remain anonymous you can send you comments to me directly, liv@proequinegrooms.com and Jenn and I will respond!

Here's more about Jenn: Jenn McCabe is an equine law attorney whose office provides business consulting and litigation services for the horse industry throughout California. Her office also provides consulting services to out-of-state equine attorneys and other California law firms. Please visit her website atwww.CaliforniaHorseLawyer.comfor more information.

Disclaimer: The contents of this article are opinion only and based on the experience of the article's author and not to be construed as legal advice in any respect. Consult an attorney before taking action based on the contents of this article. Jenn McCabe, Liv Gude, and Professional Equine Grooms, LLC. expressly disclaim all liability in respect of any actions taken or not taken based on any contents of this article.

As an equestrian myself, it’s always hard for me to understand that there are people out there that don’t find the smell of horse to be downright marvelous! However, as open land continues to be subdivided and developed, neighbors who thought they wanted to live in the country next to the beautiful horse farm… realize that horses smell and sound just a little bit TOO country for them… which brings us to the nuisance lawsuit.

A “nuisance” is defined as an unreasonable, unnecessary, or illegal activity by a landowner, which causes a significant annoyance, inconvenience, or discomfort to a landowner nearby (or the public). The neighbor suing the next-door horse-property in a nuisance lawsuit is basically saying, "your horses are interfering with the enjoyment of my property, and so… you must remove your horses.". . Accordingly, these lawsuits typically seek to control or limit the use of the offensive landowner’s property.

What does all of this mean for horse owners and horse-property owners…?

Nuisance lawsuits have been brought against horse facilities for conditions ranging from what some may call “offensive” odors and “unendurable” noises, to what some perceive as “unsightliness” or “filth”. This may sound ridiculous to those of us that love horses and everything about them, but to the one neighbor that you may encounter that does not… it is serious, and could very well become the disagreement that ultimately results in the permanent closure of your horse facility. It’s important for horse-property owners to realize that even though your property may be zoned for horses, your neighbor can still file a nuisance lawsuit against you. For a lawsuit to be successful, he must show that the horse-property’s land use unreasonably and substantially interferes with his interests in the use and enjoyment of his own property. However, courts will typically consider a nuisance case from the perspective of a “reasonable person,” with usual sensitivities and sensibilities. So, if you just end up with crazy neighbors that are ultra-sensitive, or just being jerks… your situation will still be considered by a judge from the perspective of a “reasonable person.” Even so, the best option is to attempt resolving the matter out of court - the compromise that neighbors come to on their own may be more practical than one ordered by a judge that doesn't appreciate or understand horses.

If you think that your neighbors may be considering a nuisance lawsuit against you, or if you think that you have the grounds to bring one, consulting an equine attorney may be a good investment. Please contact our office for more information.

What can happen if you are an Independent Contractor and a horse you are working with has an accident?

From Liv Gude, owner/operator of ProEquineGrooms.com: The hamster in my brain has been working overtime lately! Many of us have heard about the tragic case of a show pony that collapsed and died while at a show on the East Coast. This made national news and even appeared in the New York Times. We can all agree that the pony’s death is tragic. This also prompted me to think about who is liable for such an event, and even more simply, what a Groom could be faced with if an accident happened with a horse he was handling. I have asked our friend Jenn McCabe to help us with a series of "WHAT IF" articles to highlight some ways that Grooms can protect themselves while working. Jenn is an equine law attorney, former Pony Clubber, and Event rider.

I posed a hypothetical to Jenn to get the ball rolling: Let’s say that you are a Groom, who is being paid as an independent contractor. You are working with a horse, and he breaks free of your control and hurts himself, requiring Veterinary care. -Who is responsible for the Veterinary bills? Could you, the Groom, be responsible for his loss of use, boarding, rehab and follow up Veterinary care because you are being paid as an independent contractor? Liability is an extremely broad and confusing legal concept. Simply put, a person is legally liable when they are financially and legally responsible for something… Not so simple, is it? The concept is particularly tricky in the horse industry because there are so many factors that can contribute to whether a certain person is liable for a given incident - WHO is liable; WHEN are they liable; TO WHOM are they liable; WHAT can they be liable for; etc. For instance, the case we’re talking about here involves a groom working as an independent contractor, as opposed to working as an employee. Being an independent contractor as a groom means that YOU are personally liable for the work that you do (or don’t do, but should have). On the other hand, working as another person’s employee will generally limit your personal liability, and instead your employer will be liable for the work that you do. In other words, as an independent contractor YOU could ultimately be held financially responsible for incidents that occur while you are working (including veterinary bills, rehabilitation expenses, etc). But don’t panic just yet - Horses are unpredictable, potentially dangerous, and literally have minds of their own. Accordingly, for an independent contractor to be held liable for negligence, he must have acted unreasonably by doing something (or not doing something that he should have done) to cause the incident. Grooms can avoid being liable for negligence simply by acting reasonably under the circumstances; “reasonable care” doesn’t require a super-human effort, but mere common sense in most situations. In the case of the horse getting loose under the independent contractor’s care, I think we can agree that horses do silly things that grooms cannot always predict… So long as the groom exercises “reasonable care” given the circumstances presented by the horse’s behavior, chances are that he will not be held liable for negligence. However, the opposite also holds true – if a groom does not exercise the sort of care that a reasonable person would and should, he exposes himself to personal liability.

-Reputable trainers carry insurance that can protect them from such situations. If you are being paid as an independent contractor, do you need to have insurance? After all, an independent contractor is the boss of their own company, even if it’s a sole proprietorship. Yes, without question. Accidents happen every day… and while most are relatively harmless, the big ones could leave you and whatever is left of your business in serious debt. As an independent contractor you are considered a business-entity of your own, and people can and will sue you. Grooms working as independent contractors should insure their businesses just like any other business in the horse industry is insured. Having the right insurance coverage will not only protect you from thousands of dollars of losses in the event that you lose a lawsuit, it will also finance your legal defense in the event that you are sued. The average negligence lawsuit defense runs well into tens of thousands of dollars in a case that goes to trial, so the minimal cost of insurance in comparison is a wise investment. Hhhhmmm.... lots to think about! Jenn and I will continue this "What If" series to cover what you need to know about working as a contractor when you technically are an employee! Here's more about Jenn: Jenn McCabe is an equine law attorney whose office provides business consulting and litigation services for the horse industry throughout California. Her office also provides consulting services to out-of-state equine attorneys and other California law firms. Please visit her website atwww.CaliforniaHorseLawyer.comfor more information. You can also find Jenn onFacebook here, and if you like to tweet, Jenn is onTwitter here! Disclaimer: The contents of this article are opinion only and based on the experience of the article's author and not to be construed as legal advice in any respect. Consult an attorney before taking action based on the contents of this article. Jenn McCabe, Liv Gude, and Professional Equine Grooms, LLC. expressly disclaim all liability in respect of any actions taken or not taken based on any contents of this article.

As California continues to develop from riding stables and bridle paths to shopping centers and parking lots, communities are becoming more resistant to horses and might be exploring possible zoning changes. What can horse owners, businesses, and associations do to maintain things as they are?

Some tips for the horse industry:

1. Be responsible. This means maintaining fencing, adding flowers and grass, painting your horse structures, removing manure from roads, and removing garbage from the facility regularly. By keeping your horse facility as neat and clean as possible, opponents of zoning favorable to horses won’t even get the opportunity to point out visible examples of how horses may detract from property values.

2. Be respectful of your neighbors’ property and privacy. In communities where horse facilities aren’t common, it is important to remember that the public is scrutinizing those associated with the horse industry. Set an example for other horse owners in your area. For instance, don’t trespass on your neighbor’s property by cutting across a seemingly deserted field without permission. It might not be so deserted and you might be messing with the wrong neighbor!

3. Keep your non-horse neighbors happy! The disgruntled neighbor that has never owned a horse is usually the leader of the battle against horses in suburban communities. This can be avoided if horse facilities communicate with their neighbors, especially when planning to make changes to a facility near property borders. Even though you may be under no legal obligation to do so - Be reasonable and try to understand their concerns -Neighbors won’t forget the fact that you accommodated them, or tried to.

4. Become an active participant in the community. Joining groups that sponsor worthwhile events is great for networking and shows the community that you, a horse-person, are a reasonable and likable person, who shares their concerns for keeping the community beautiful and peaceful. Community organization membership often leads to service in community government, such as on the Planning Commission, City Counsel, or Zoning Board of Appeals. You might be surprised who you meet and how your opinions can make changes!

There are always things that you can do to avoid a costly, lengthy legal battle. In this case, instead of an open wallet, you’ll need energy and positive action ~ ~ ~

Jenn has been a member of the California horse industry since she was just 9 years old. She started horse-back riding lessons with Olympian Don Sachey out of Raintree Ranch Equestrian Center in Santa Barbara, CA, and stayed with Raintree Ranch until it closed the year she left for college. She ultimately served as the director of the equestrian center's summer camp and riding program for several years. While at Raintree, she learned the ropes of agricultural business from horse trainer and respected businesswoman, Dana Sachey, and learned the ropes of 3-day eventing from trainers Karene Cohen and Wendy Wergeles.

She also participated heavily in U.S.P.C. and therapeutic riding volunteer work before being accepted to Cal Poly's Animal Science Program. Jenn and her horses moved on to live and work on a longhorn cattle ranch in San Luis Obispo, CA, where her long, lean & mean event horse was nicknamed "Hollywood" by the quarter-horse-lovin' cowboys. Jenn came to love and respect the quarter horses (and the longhorns!), but continued to maintain her position as a working student under event trainer Wendy Wergeles at Cottonwood Ranch in Los Alamos, CA.

All horsing around aside, Attorney Jennifer A. McCabe is admitted to practice in all California state courts, helping her clients meet their legal needs with assertive advocacy and compassion. Jenn graduated from California Polytechnic State University, San Luis Obispo, with a Bachelor of Science degree and minor in Equine Science. Jenn earned her law degree from the University of the Pacific, McGeorge School of Law, where she also earned a certification in Advocacy. She served as an Administrative Adjudication Hearing Officer for the Institute for Administrative Justice, where she was appointed by various government agencies to resolve disputes between those agencies and parties affected by agency decisions. Her past as an attorney also includes several years of practice in intellectual property law, employment law, and personal injury litigation.

Back to horses! After having gotten her through high school, college, law school, and many scary cross-country courses in one piece, Jenn finally retired her long-time riding partner, Emmitt (formerly known as Hollywood), to her next-door neighbor's pasture, where he spends his retirement days with his best friend, a quarter horse named Chancee. Jenn has since been on the lookout for her next eventing project and the right training barn to call home (please contact our office with suggestions!).

Today, Jenn lives and works out of Santa Cruz County with her right-hand man, her chocolate labrador, "Coco Chanel," her golden retriever, "Cooper," and of course, Emmitt. Her hobbies include running and surfing, and in her free time (whatever that means...) she provides cost-effective family law services to the residents of Santa Cruz County - please see www.SantaCruzFamilyLawyer.com for more information.

Jenn serves her equestrian clients in all California counties & travels the length of the state frequently to attend horse industry events & meet with clients on-site. Please don't hesitate to contact our office if we can offer you any legal advice.

Have a question, comment, or submission?We welcome guest post submissions!

www.CaliforniaHorseLawyer.com launched facebook & twitter feeds just last week and we have already met hundreds of new horse-lovers! We are excited to welcome all of our new friends & readers, and would like to invite each of you to present equine law questions & share equine law news in the "comments" section below.

It's better to know a good lawyer before you need one! Smart horse owners & equine business owners realize the importance of keeping up with relevant court cases & new/changing laws, which may impact how we have all come to know & love the horse industry. To that effect, our office serves California's horse industry by providing legal information and advice to individual horse owners and equine businesses, associations & non-profits. Jenn's hands-on experience as an Equine Lawyer offers an unparalleled depth to her understanding of the industry as it relates to the law. Through this blog, we will share information regarding trends in the law affecting the equine industry and practical tips on how to avoid disputes.

We want to know what you are interested in! What scares you? What confuses you? What excites you? Horses in politics? Horse-related contract disputes? Please don't be shy to share your questions & comments - if you have a question, at least ten others probably have the same one!

Until next time, thank you all for your continued support! We'll leave you with a funny...